[2012] KECA 205 (KLR)
The Court of Appeal held that the sentence of ten years imprisonment for manslaughter was appropriate and lawful in light of the circumstances of the case. The appellant had pleaded guilty to manslaughter after initially being charged with murder, and the facts showed that the deceased was killed during a...
Source-derived case information.
- Citation
- [2012] KECA 205 (KLR)
- Parties
- Appellant: Samuel Kamau alias Kaka; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 95 of 2009
- Procedural Posture
- Criminal Appeal / Appeal Against Sentence
- Outcome
- appeal dismissed; sentence upheld
- Legal Topics
- Manslaughter, Sentencing Principles, Plea Bargain, Mitigation, Appeal Against Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Samuel Kamau alias Kaka
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Legal Issues
- 1 Whether the sentence of ten years imprisonment for manslaughter was excessive or warranted reduction on appeal.
- 2 Whether the High Court properly considered the appellant's mitigation in sentencing.
Ratio Decidendi
The Court of Appeal held that the sentence of ten years imprisonment for manslaughter was appropriate and lawful in light of the circumstances of the case. The appellant had pleaded guilty to manslaughter after initially being charged with murder, and the facts showed that the deceased was killed during a confrontation involving a knife. The court found that the High Court had properly considered the appellant's mitigation, including his orphan status and responsibility for siblings, but determined that these factors did not justify a reduction of the sentence. The appellate court found no error in principle or excessiveness in the sentence to warrant its intervention and therefore upheld...
Court Disposition
appeal dismissed; sentence upheld
Orders
- The appeal is dismissed.
- The sentence of ten years imprisonment imposed by the High Court is upheld.
Full Case Text
Judgment text and source record
30 paragraphs
IN THE COURT OF APPEAL
AT NAKURU
(CORAM: BOSIRE, ONYANGO OTIENO & NYAMU, JJ.A.)
CRIMINAL APPEAL NO. 95 OF 2009
BETWEEN
SAMUEL KAMAU ALIAS KAKA ................................. APPELLANT
AND
REPUBLIC ................................................................ RESPONDENT
(Appeal from a conviction and sentence of the High Court of Kenya at Nakuru (Koome, J.)
in
H.C.CRC. NO. 6 OF 2008)
***************
JUDGMENT OF THE COURT
In an information presented to the High Court at Nakuru as the trial Court on 22nd January, 2008, the appellant was charged with the offence of murder contrary to sections 203 and 204 respectively of the Penal Code. The particulars of the charge were that on the 27thday ofAugust, 2006, at Narok Township in the then Narok District of the Rift Valley Province, he murdered Bashir Ali. On 27th February, 2008, he entered a plea of not guilty. However, on 14th April, 2008, the appellant indicated that he was ready and willing to plead guilty to the lesser charge of manslaughter but on 6th May, 2008, the appellant’s offer was rejected by the State and the matter set down for hearing on 16th June, 2008. Thereafter, the hearing did not take place on three appointed hearing dates mainly due to the inaction on the part of the prosecution; and on 16th October, the appellant, through his advocate, repeated the earlier offer of pleading to the lesser charge of manslaughter and on the same day, a charge of manslaughter was accordingly substituted, whereupon, the appellant entered a plea of guilty to it.
The facts as presented by the prosecution, were that on 27th August, 2006, the deceased, Bashir Ali, who was in the company of his friend Abdi visited Abdi’s girlfriend’s house where they stayed for a few minutes. Suddenly at the door of the Abdi girlfriend’s house, they met the appellant. At that point, Abdi noted that the appellant had a knife protruding out of the jacket he had on and when he was asked why he was carrying the knife the appellant removed the knife with the intention of stabbing Abdi but the deceased intervened with a view to preventing the stabbing of Abdi. After a brief struggle, the appellant stabbed the deceased on the neck resulting in the immediate collapse and death of the deceased.
It is common ground that when the prosecution narrated the facts as reproduced above, the appellant accepted them as true and after presenting what appears to us to have been a moving mitigation, in which he inter alia stated that he was an orphan and that he was taking care of 7 siblings, the court sentenced him to ten years imprisonment.
In his appeal, the appellants main ground is a plea to this Court to reduce the sentence.
On our part, we have considered the appellant’s plea to reduce the sentence. However, taking into account the special circumstances of the matter before us, we take the view that the sentence imposed was appropriate and lawful and for those reasons, we have been unable to find any valid grounds to justify an intervention by us. We accordingly uphold the sentence as imposed by the High Court. The appeal is dismissed.
Dated and delivered at NAKURU this 23rd day of February, 2012.
S.E.O. BOSIRE
.....................
JUDGE OF APPEAL
J.W. ONYANGO OTIENO
......................
JUDGE OF APPEAL
J.G. NYAMU
....................
JUDGE OF APPEAL
I certify that this isa true copy of the original.
DEPUTY REGISTRAR